Delegates Highlight Lack of Migrant Protection, Enforced Disappearances, Civil Reprisals and Digital Abuses in Third Committee Human Rights Discussion
Special Rapporteur Questions Whether Migration Can Act as Positive Adaptation to Counter Climate Change
Climate change as a driver of migration, an increase in enforced disappearances, the misuse of digital technologies violating the right to privacy and educational disparities worldwide were among concerns addressed by human rights experts in the Third Committee (Social, Humanitarian and Cultural) today. With delegates raising questions on how to effectively protect affected populations during interactive dialogues.
One of the six independent experts briefing the Committee today, Felipe González Morales, Special Rapporteur on the human rights of migrants, described climate change as an increasingly potent driver of migration, compelling millions of people to leave their homes each year. Addressing the lack of rights protection for migrants at all stages of their journey, he said gender, age, race and disability status influence the extent to which migration can be a positive adaptation strategy to climate change.
Voicing concern over the remaining gap in international law regarding protection of persons on the move for environmental reasons, he emphasized that international and regional refugee law should not be dismissed automatically in claims by migrants for refugee status. Those who cross borders from areas affected by climate change will do so in the context of conflict or persecution, and therefore may be refugees entitled to protection under international and regional refugee law, while others may not qualify for protection under the refugee regime or as Stateless persons, he said.
Highlighting promising practices, he pointed to a “climate passport” that will offer those who are at risk of global warming the option of gaining access to civil rights in safe countries as well as a humanitarian visa to migrant applicants who are victims of environmental disasters.
Earlier in the day, Aua Baldé, Chair‑Rapporteur of the United Nations Working Group on Enforced or Involuntary Disappearances, highlighting the transmission of 375 new cases of enforced disappearances to 26 States, stressed that these figures are only a tiny fraction of the magnitude of enforced disappearances in the world today. Reprisals against families searching for their loved ones remain common, explaining why many disappearances go unreported, she cautioned.
She went on to underline that, while new technologies can be used to restrict fundamental human rights, they can also be used to document and investigate human rights violations, obtain evidence and promote accountability. Moreover, country visits enable investigators to gather a first‑hand account of enforced disappearances and listen to victims, she observed.
In the ensuing interactive dialogue, Japan’s delegate urged the Democratic People’s Republic of Korea to realize the immediate return of all abductees to Japan. “There is no time to lose”, he said, noting that many families of the victims have passed away.
Rejecting “the groundless claims” of the delegation of Japan, the representative of the Democratic People’s Republic of Korea cited Japan as “the worst war criminal State and abductor on record”, which forcibly abducted 8.4 million innocent Koreans in the last century.
Ana Brian Nougrères, Special Rapporteur on the right to privacy, warned against the inappropriate use of new technologies in the digital world that has allowed for invasive processing of personal data. National legislation and international norms must cover personal data processing activities, regardless of the context and technology used, she underlined, adding that the adequate management of personal information must respect the rights of information owners and processors.
When the floor opened for questions and comments, the representative of the United States condemned Moscow’s misuse of technologies in carrying out filtration operations against Ukrainian citizens. Meanwhile, the representative of the Russian Federation cautioned that harsh control over the individual has become the norm in many Western countries, which are resorting to “digital espionage”.
Also briefing the Committee were Carmen Rosa Villa Quintana, Chairperson of the Committee on Enforced Disappearances; Edgar Corzo Sosa, Chair of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families; and Farida Shaheed, Special Rapporteur on the right to education.
The Third Committee will reconvene at 10 a.m. on Wednesday, 19 October to continue its consideration of human rights.
Interactive Dialogues: Enforced Disappearances
CARMEN ROSA VILLA QUINTANA, Chairperson of the Committee on Enforced Disappearances, said enforced disappearance is a crime affecting millions throughout the world, stressing the consequences not only for victims but their communities and families. Detailing the work of Her Committee, she said that this year Croatia, Denmark and Luxembourg ratified the Convention and that 68 States now guarantee truth, justice and reparation to victims. The Committee reviewed six reports, adopted 47 lists of questions and conducted a visit to Mexico, which resulted in 86 concrete recommendations. She outlined the Committee’s work this coming year, welcoming the published instruction manual on implementing the Convention and three joint statements, including one with the Inter‑American Commission on Human Rights. Her Committee also met with the Independent Expert on Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity as well as the Committee on Migrant Workers.
Despite clear progress, she stressed that her Committee has the same means and number of allocated meetings that it started with 12 years ago, adding that at the going rate they would complete the current workload in 2032. This is unacceptable, she said, emphasizing that the workload represents human lives. Each petition to her Committee represents a tragedy for families and community members lamenting the loss of a loved one. She called for additional meetings and the human resources necessary to fulfil the Committee’s mandate to reduce human suffering and contribute to a just, fairer world.
The representative of Croatia, noting that over two thirds of the missing in her country have been accounted for and that 1,832 are still being investigated, said the Croatian model of searching is applicable in any circumstances, not just armed conflict. Stressing the importance of casualty recording and coordination between search and investigation procedures, she appealed to neighbouring countries to fully cooperate in sharing archival information. She asked how the international community can ensure cooperation by States and enhance investigation efforts to prevent unnecessary delays or politicized procedures.
The representative of the United States condemned the arbitrary detention or disappearance of over 152,000 persons in Syria, calling on all parties for their unconditional and immediate release. He also expressed concern over China’s repression of minority groups in Xinjiang, including forcibly disappeared members of such groups. Further, he expressed concern over robust evidence of Russian Federation authorities reportedly detaining or disappearing thousands of Ukrainian civilians, including children, and the Iranian Government’s use of forced disappearances to punish its nationals for exercising their rights to peacefully assembly and freedom of expression. He asked what further steps the international community can take to encourage Governments to respond promptly and fully to reports of forced disappearances.
The representative of Ukraine said that since the Russian Federation invasion of his country in February, the whereabouts of thousands of Ukrainian citizens have been unknown. He added that it has become routine for the aggressor State to kidnap and hold incommunicado local officials, priests and retired service personnel of the Ukrainian Armed forces. Hundreds of them have lost their lives, most have been tortured and thousands have now been missing for months, he said. Asking the international community to remember the servicemen who defended Mariupol and other territories and are now being held by the aggressor State, he stressed that their whereabouts are unknown. Counting on the Working Group’s “proactive approach” to exercise its mandate in the context of Russian Federation abuses in Ukraine’s occupied territories, he reiterated his country’s commitment to engage with it to resolve these and other challenges.
The representative of the European Union, in its capacity as observer, said that enforced disappearances have resurged in several conflicts and recent crises, making the Committee’s contribution even more necessary, including strengthening the coordination of its work with other human rights mechanisms. She asked how the Committee can approach allegations of reprisals against relatives and loved ones of disappeared persons.
The representative of Argentina said her country launched the international campaign on the right to identity, aiming to support the search for grandchildren who disappeared during the military’s rule in her country. Noting that the initiative was undertaken with the National Commission and the Grandmothers of the Plaza de Mayo, she pointed to the national bank of genetic data, established on the initiative of the Grandmothers of the Plaza de Mayo, who are looking for grandchildren trying to establish links with grandparents. The initiative resulted in over 130 cases of children recovering their identity after being illegally appropriated. Highlighting work with France on a third campaign to achieve 100 ratifications of the Convention against enforced disappearances by 2025, she stressed that “these stories are part of our rebuilding of our collective memory”. Pointing to the Inter‑American Commission on Human Rights, she asked the Committee about collaboration with these types of bodies.
The representative of China said that the United States has “serious issues” on enforced disappearances of migrants, in particular migrant children. She highlighted separation from their parents, which the international community should explore, she said. Pointing to human rights violations in the Guantanamo Bay prison, she asked the United States to “stop making up lies” about Xinjiang and address internal human rights violations, including enforced disappearances.
Responding, Ms. QUINTANA underscored that 68 States have ratified the Convention and invited those who haven’t to do so. This will allow the Committee to support States in overcoming enforced disappearances and recognize the rights of the disappeared, she said. Recognizing Luxembourg and Croatia’s recent ratifications of the Convention, she noted that 1,800 persons are sought in the latter country. She stressed the need for concrete strategies that allow States to search for disappeared persons and identify them. Turning to Ukraine, she said the Committee is preparing a list of questions for that country. On responding to reprisals, she said the Committee has drawn up guidelines and informed States on actions taken. Addressing work with the Inter‑American Commission on Human Rights and other bodies, she stressed the importance of coordination to avoid duplication.
Also speaking in the interactive dialogue were the representatives of France, Mexico, Cuba, Luxembourg and Japan.
AUA BALDÉ, Chair-Rapporteur of the United Nations Working Group on Enforced or Involuntary Disappearances, spotlighted the Working Group’s study reviewing contributions of the Declaration on the Protection of All Persons from Enforced Disappearance to international law, identified obstacles to its implementation and outlined how the Working Group could assist States through technical assistance and cooperation. The thirtieth anniversary of the Declaration is not a time for celebration but rather reflection, she cautioned. Despite the progress, achievements, commitments and promises of States, the practice has persisted and transformed. The annual report highlighted the transmission of 375 new cases of enforced disappearances to 26 States, including 54 transmitted under the urgent action procedure to 13 States. These figures are only a tiny fraction of the magnitude of enforced disappearances in the world today, she stressed. Reprisals, harassment and repression against families searching for their loved ones and against those who support them remain common, explaining why many disappearances go unreported, she said.
New modalities require new responses and approaches from the Working Group and the international community, she continued. To that end, the Working Group announced at its 125th session in September 2021 that it would conduct a thematic study on new technologies and enforced disappearances and publish in September 2023. While new technologies can be used to restrict fundamental human rights, they can also be used to document and investigate human rights violations, obtain and preserve evidence and promote accountability. Country visits enable the Working Group to gather a first‑hand account of the situation concerning enforced disappearances, listen to victims and local civil society organizations and develop a better understanding of root causes and implications, she said. By monitoring States’ compliance with the provisions of the Declaration and assisting in implementation, the Working Group contributes to the prevention of enforced disappearances. The international community must unite and redouble its efforts to prevent, combat and eradicate enforced disappearances. Efforts must be designed around the specific needs of the victims and their families to alleviate their suffering, unveil the truth and achieve justice and reparation. All States must ratify the International Convention for the Protection of All Persons from Enforced Disappearance and recognise the competence of the Committee on Enforced Disappearances to receive and examine individual and inter‑State communications, she emphasized.
In the ensuing interactive dialogue, the representative of the European Union, in its capacity as observer, noting that no circumstances can justify the practice of enforced disappearances, voiced concern over persistent reprisals against families of victims of enforced disappearances. The increase in enforced disappearances of human rights defenders and journalists calls for investigation, he stressed, warning about enforced disappearances perpetrated by Russian Federation armed forces in Ukraine, with the complicity of the Belarusian authorities. He asked Ms. Baldé to elaborate on the lack of cooperation by certain States and share results of the Working Group’s use of new technology.
The representative of Japan, describing the abduction of foreign nationals as one form of enforced disappearances, drew attention to the abduction of Japanese nationals by the Democratic People’s Republic of Korea and voiced concern over the tremendous suffering victims have endured over the years. “There is no time to lose”, he said, noting that many families of the victims have passed away. He called on the Democratic People’s Republic of Korea to realize the immediate return of all abductees to Japan.
Responding to “the groundless claims” of the delegation of Japan, the representative of the Democratic People’s Republic of Korea rejected all allegations against his country. Japan has continued to manipulate this issue for its political purposes while, in fact, the Democratic People’s Republic of Korea is the very victim of abduction, he underscored. Citing Japan as “the worst war criminal State and abductor on record”, he recalled that during the occupation of Korea in the last century, Japan forcibly abducted 8.4 million innocent Koreans and killed more than 1 million of them.
The representative of Myanmar cautioned that the situation of enforced disappearances in his country is getting increasingly serious. Since the illegal military coup, innocent civilians have been experiencing atrocities and crimes against humanity perpetrated by the military, he warned, detailing many cases of civilians who were abducted and their families were informed about their deaths within a couple days. Considering the military’s deep‑rooted culture of impunity, he asked Ms. Baldé about the Working Group’s possible methods to effectively assist the disappeared persons and their families in Myanmar.
The representative of Syria welcomed that the report does not contain any reference to cases of enforced disappearances by Afghanistan, calling Afghanistan “a pretty safe country” after the United States and others withdrew their troops. He opposed politicization of the issue of enforced disappearances.
Responding to questions and comments, Ms. BALDÉ elaborated on the issue of new technologies that are being used against human rights defenders and civil society organizations, including relatives of the disappeared, drawing attention to protection mechanisms that can be put in place. She noted that examine technology can be applied to facilitate the search for the disappeared and ensure that their fate and whereabouts are established properly. She also pointed to ways in which new technologies can be used to obtain evidence in acts of enforced disappearances. On the issue of politicization, she reiterated that the Working Group operates with the highest levels of objectivity and impartiality, in full compliance with its humanitarian mandate. Reiterating her commitment to assist the victims, she underlined that proper investigation is crucial to combat impunity and prevent non-recurrence of enforced disappearances.
Also speaking were representatives of Belgium (associating with the European Union), Argentina, France, Pakistan, Saudi Arabia, India, Azerbaijan, Cyprus and Morocco.
Right to Privacy
ANA BRIAN NOUGRÈRES, Special Rapporteur on the right to privacy, underscored the importance, value and necessity of privacy, especially for free personal development and the dignified exercise of human rights. The inappropriate use of new technologies in the digital world has allowed for large-scale and invasive processing of personal data that does not account for reasonable expectations of privacy, she said. National legislation and international norms on the rights of personal data protection since the 1970s are only of a general nature, she said. They must cover personal data-processing activities, processors and controllers, regardless of the context and technology used, she said, calling for the effective enforcement of legislation. Current guiding principles on privacy and data protection have helped to fill existing legislative gaps and have been useful for controllers and processors.
She has prepared a report analysing guiding principles on privacy and personal data protection, as contained in seven normative documents, including the European Union General Data Protection Regulation, the Council of Europe’s modernized Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data and General Assembly resolution 45/95, entitled “Guidelines for the Regulation of Computerized Personal Data Files”, Ms. Nougréres said. In focusing on legality, legitimacy, consent, transparency, finality, loyalty, proportionality, minimization, quality, responsibility and security, she said that all seven documents emphasized these basic, common aspects to harmonize efforts towards realizing privacy and personal data protection as a human right. As structural components for legal systems, these principles must not only be observed individually, but as part of a whole, she emphasized. The adequate management of personal information must respect the rights and fundamental freedoms of information owners and processors.
During the ensuing interactive dialogue, the representative of the United States said her country supports clear limits on the ability to collect, use and transfer personal data. She expressed concern over the growing misuse of technology, which impedes people’s right to privacy and enables repression. She condemned the Russian Federation’s misuse of technology in its filtration of Ukrainian citizens, calling on that country to cease this practice. She asked about the next steps to ensure that digital technology does not violate the right to privacy.
The Representative of the Russian Federation stressed the State’s role in organizing and collecting data, as it is the only entity able to establish and ensure data protection, underscoring that access to data must remain in compliance with international law. She expressed concern over the tight control of individuals in many Western countries that use digital technology for espionage while those same countries make accusations and enact unilateral coercive measures against States pursuing different policies. She called for a depoliticized approach to finding collective solutions.
The representative of Malta aligned with the European Union and expressed concern about minors’ ability to consent to data collection while using digital technology in both personal life and education. She asked what the main obstacles are to protecting the personal data of minors.
The representative of the Netherlands aligned with the European Union, affirming that human rights are the same in virtual as they are in face-to-face life, and asked how to ensure that a legal framework regulating digital technologies is both neutral and effective.
The representative of Algeria detailed mechanisms established in his country that protect privacy, expressing deep concern about spying that violates international law. He called on the Special Rapporteur to condemn such practices and for practical actions to prevent their recurrence. In her response, Ms. Nougrères said that the alma mater of regulation is dual: the free circulation of goods and services and the protection of fundamental human rights. She underlined that the protection of data as a human right operates in a context where the free flow of information is a norm. She acknowledged that creating a policy for the entire world is difficult but added that she is taking steps towards it. The first goal is cooperation, she said, adding that common values and consensus establish the starting point. She referred to her report, which outlines principles addressing both norms but also the effectiveness of those norms. Turning to specifics such as targeted countries, women, children and the elderly, she said that awareness of risks and education are the current best practices. Asserting that rights must evolve with technology, she added that ensuring total neutrality is difficult, but a goal nonetheless. She stressed the need to develop a means of enabling harmonization and cooperation between groups and agreement on a set of standards.
Also speaking in the interactive dialogue were representatives of Germany, China and the representative of the European Union speaking in its capacity as an observer.
Migrant Workers
EDGAR CORZO SOSA, Chair of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, stressed the importance of sustainable funding for the treaty body system and human rights mechanisms. Commending States parties for their efforts to implement the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as well as the Global Compact for Safe, Orderly and Regular Migration, he noted that there are an estimated 281 international migrants living outside of their countries of origin. They are vulnerable to a bevy of intersecting factors and challenges, ranging from the reasons they left their countries of origin to the situations they face on arrival. He expressed regret that 25 States parties have not yet submitted their initial or periodic reports under the Convention, but lauded Malawi, which ratified it this year. He emphasized that the limited number of States parties to the Convention and operational communications between States remain the greatest challenges to protecting the rights of migrant workers and their families globally, calling on States who have accepted those communications procedures to submit them.
Detailing his Committee’s activities, he said it has held constructive dialogues with Azerbaijan and Rwanda, assessed follow-up reports concerning Mauritania and Sri Lanka, and had good interactions with Cabo Verde, Burkina Faso, Paraguay, Uruguay, Kyrgyzstan and Peru. He noted that the Convention does not confer new rights on migrants but gives them minimum guarantees in a context of migration with its inherent vulnerabilities. Further, it consolidates existing rights States have already subscribed to by ratifying other international human rights instruments that include irregular migrants as stakeholders, he said.
In the ensuing interactive dialogue, delegates highlighted the importance of promoting and protecting the rights of migrants and their families, with several expressing concern over discrimination and xenophobia. The representative of Algeria said that the COVID‑19 pandemic exposed the shortcomings of migration governance, which failed to protect and fulfil the human rights of migrant workers and their families. As migrant workers are often subjected to discrimination, he asked how the Chair could work with all mandate holders to ensure the full enjoyment of human rights for migrant workers and their families.
In a similar vein, the representative of Türkiye asked whether there are mechanisms within the United Nations which could protect the human rights of migrants and what could be done to further address challenges and barriers. The representative of Bangladesh echoed her question and noted that there would be no significant progress in protecting the rights of migrant workers unless and until receiving countries become parties to the Convention. The representative of El Salvador asked how the United Nations and countries leading the fight for human rights could play a more central role in facilitating ratification.
The representative of Chile spotlighted his Government’s regional migration policy as well as its efforts to strengthen consultative processes and the bilateral agenda on regional integration. The representative of Indonesia said his country has actively established bilateral agreements with other countries to provide protection for migrant workers. His Government has also promoted regional cooperation and dialogue through the Association of Southeast Asian Nations (ASEAN) Consensus on the Protection and Promotion of the Rights of Migrant Workers. He then asked the Chair for information on his engagement with regional and subregional organizations.
The representative of the European Union, speaking in its capacity as observer, asked for information on the inputs and role of national human rights institutions.
Responding to questions and comments, Mr. SOSA said he is working on a general observation and comment on discrimination and xenophobia in collaboration with the Committee on Enforced Disappearances. This joint effort between Committees shows how human rights are cross‑cutting in nature, he said. Turning to the regional dimension, he noted progress in establishing important protection mechanisms in several regions. As general observations are an instrument to work on at the regional level, he called on Member States and partners to perfect draft general comment No. 6 and participate in the ensuing regional consultations. He also urged Governments to assist in facilitating remittances by removing obstacles to transmission. On national human rights institutions, he described them as allies that protect human rights; provide opinions, information and follow up; and facilitate mandate compliance.
Also speaking in the dialogue were the representatives of Mexico, Nigeria and Malaysia.
Migrants
FELIPE GONZÁLEZ MORALES, Special Rapporteur on the Human Rights of Migrants, presented his report on the relationship between climate change, human rights, and migration, as well as the multifaceted drivers of cross-border migration in the context of climate change. Climate change is an increasingly potent driver of migration, continuing to compel millions of people to leave their homes every year. High levels of human mobility associated with disasters and the adverse effects of climate change may undermine sustainable development, climate change adaptation, disaster risk reduction and migration governance efforts. Addressing the lack of rights protection for migrants at all stages of their journeys, he underscored that climate change exacerbates existing problems of food security, water scarcity and the scant protection afforded by marginal lands and, therefore, constrains access to rights.
Noting that migration should serve as an important adaptation strategy to climate change, he said the extent to which migration can be a positive adaptation experience will be influenced by gender, age, race and disability status. Affected populations — women, girls, boys, persons with disabilities, older persons, LGBTQI+ persons, minorities, Indigenous peoples, and people living in poverty — may migrate to neighbouring or third countries due to the adverse effects of climate change. When assessing admission claims submitted by migrants in situations of vulnerability, States should take people-centred and child-sensitive approaches and uphold international human rights standards. Similarly, he continued, the decision to grant admission and stay should be based on human-rights-based criteria and each case individually examined by the State.
He went on to underline that special attention should be paid to vulnerable places bordered by major rivers that are highly susceptible to glacier melt and reductions in snowfall, while also densely populated. Likewise, sea level rise poses a particular threat to deltas and major infrastructure along the coast. Voicing concern over the remaining gap in international law regarding protection of persons on the move for environmental reasons, he said those who cross borders from areas adversely affected by climate change will do so in the context of conflict or persecution, and therefore may be refugees entitled to protection under international and regional refugee law, while others may not qualify for protection under the refugee regime or as Stateless persons. To this end, he emphasized that international and regional refugee law should not be dismissed automatically in claims by migrants for refugee status. The adverse effects of climate change on migrants should be interpreted within a broader sociopolitical context that may exacerbate pre-existing discrimination and persecution. In this context, he noted broader definitions of the term “refugee” that have been adopted at the regional level in Africa and the Americas.
Highlighting some promising practices that have been implemented by States to facilitate the admission and stay of migrants compelled to leave their countries of origin due to the adverse effects of climate change, he pointed to the development of a “climate passport” that would offer those who are at risk of global warming the option of gaining access to civil rights in safe countries. Moreover, he drew attention to a humanitarian visa to migrant applicants who can demonstrate the existence of exceptional reasons of a humanitarian nature as victims of natural or environmental disasters for a period of two years. The fundamental principle of non-refoulement and the prohibition on collective expulsion must also be upheld, he asserted, calling on States to diversify the availability of pathways for safe, orderly and regular migration.
In the ensuing interactive dialogue, delegates indicated the difference between the legal status of refugees and migrants, including those on the move due to the impact of climate change. Several echoed the Rapporteur’s call for cooperation among countries of origin, transit and destination. The representative of Venezuela, noting that his State has historically been a country of destination, said that unilateral coercive measures have led to unnatural and induced migration for economic reasons at the cost of human suffering. Such actions have led to its exploitation by political parties, officials, fanatical sectors and the press, he said. Further, such measures fuel human trafficking networks, the exploitation of enslaved labour and sexual slavery. He asked about the possibility of including unilateral coercive measures as a structural and root cause of phenomena related to human mobility.
The representative of the European Union, in its capacity as observer, expressed support for the promotion, protection and fulfilment of all human rights of migrants, regardless of their migration status, underlining climate change as a driver of displacement. She asked the Rapporteur to elaborate on how to encourage cooperation between relevant actors at all levels to ensure protection throughout the migratory route, and on which mechanisms could improve the protection of human rights when migrants enter other countries.
The representative of Cuba said that respecting the dignity of all migrants, including those affected by climate change, is a priority. He asked about the situation of undocumented migrants in the United States, including migrants who have suffered from environmental degradation, natural disasters and climate change in Latin America.
The representative of the United States, noting that migration is increasingly a response to the impacts of climate change on food insecurity, economic livelihood and security, pointed to his country’s programmes on adaptation and disaster risk reductions. These have the potential to reduce migration and serve as instruments to support it with dignity, he added, affirming his country’s engagement with the international community on multilateral mechanisms. He asked how States can more effectively address climate change impacts on migration.
The representative of Hungary said his country has provided registered entry to more than 3.10 million people, all entitled to temporary protection or residence and access to health care, employment and education. In addressing humanitarian crises, Hungary’s programme provides local aid to the most vulnerable communities, especially those persecuted for their beliefs, he said. Emphasizing the distinction between refugees and migrants, he underlined that migration itself is not a human right, adding that his country does not accept the Global Compact of Migration. International efforts should aim at minimizing and addressing displacement, and not promoting new pathways of migration. The representative of Algeria, noting that his State is a country of origin, transit and destination, endorses the Global Compact of Migration, which aims to address the root causes of migration, such as lack of development, conflict and climate change. Stressing that refugees and migrants have different statuses, he said that international refugee law cannot apply to the latter. Noting that hostility towards migrants has grown, he asked how States can be held accountable for their crimes against migrants. Further, he asked how to deal with countries hosting illegal detention centres, and if civil society reports are sufficient in this regard.
The representative of Belarus noted that his country has repeatedly proposed to neighbouring countries of transit and destination that dialogue be renewed on border management and migration flows. He added that regulating migration has been subjected to politicization and sanctions by the European Union, which has terminated international technical assistance projects in Belarus.
The representative of Egypt called for stronger international cooperation to address the impacts of climate change, including through means of implementation, increased adaptation efforts and meeting the pledges of climate finance. Further, as the host of more than 9 million migrants, refugees and people in refugee-like conditions, his State welcomes the adoption of the International Migration Review Forum’s Progress Declaration. He asked what additional steps should be taken to realize pathways for regular migration, and what additional measures should be taken to enhance the mutual recognition of migrant qualifications to increase their employability in formal labour markets.
The representative of the Russian Federation said manifestations of violence, xenophobia, racism, racial discrimination and intolerance to migrants of African and Asian descent continues to worsen in the European Union and United States. The European Union has shown that it is “racist in essence”, he added, noting that people from North Africa and the Middle East cannot count on the same level of solidarity as that demonstrated by the European Union to Ukrainians. Those countries suffer from interference from the European Union and United States, he said, adding that the situation of migrants in Latvia is even worse.
The representative of China, expressing concern over the high impact of the COVID‑19 pandemic on the rights of migrants, noted that migrants in some countries are held in poor conditions in detention centres, and migrant children are separated from their parents. Last year, hate crimes against Asians in New York City jumped by 360 per cent compared to the year before, she said, adding that States should protect the rights of migrants, oppose the use of the pandemic for stigmatization and incitement and create a safe environment for them.
Responding, Mr. MORALES noted a set of shortcomings in confronting the impact of climate change on migrants and their rights. Stressing the importance of strengthening multilateralism in migration, he underscored the need for coordination among countries of origin, transit and destination regarding migration policies. Given the situation of female migration, which has increased significantly in the last decade, he stressed the importance of considering the gender perspective. Pointing to best practises in tackling the impacts of climate change on migration, he encouraged cooperation and coordination among States in sharing their experiences. Detention in general must be an exceptional measure, especially in dealing with migrants who have committed no crime and are detained for administrative reasons, he said. On compliance with obligations of States, he invited reciprocal monitoring through multilateral human rights mechanisms, allowing for independent monitors within States and fostering transparency in migration policy. Also speaking were representatives of Luxembourg, Switzerland, Mexico, Chile, Bangladesh, Nigeria, Greece, Malaysia, Colombia, Türkiye, Portugal and Morocco. An observer for the Sovereign Order of Malta also spoke.
Education
FARIDA SHAHEED, Special Rapporteur on the right to education, presenting her predecessor Koumbou Boly Barry’s report on early childhood care and education and the right to education (A/77/324), stressed that there currently is no internationally accepted definition for her topic or related terms, including pre‑primary education and care, and called on States and stakeholders to describe, define and recognize a rights‑based definition.
Turning to educational disparities worldwide, she noted that three quarters of children had access to pre‑primary learning in 2019, but only one third of the 82 million children in emergency‑affected countries did. Further, in North and Sub‑Saharan Africa, and Western Asia, only half have such access, in contrast to almost universal coverage in Europe and North America. Emphasizing that early childhood care and education can help disadvantaged children catch up, she said it improves learning outcomes and can increase lifetime earnings. Yet, when it is not free, such benefits are only available to families which can afford them, she said.
A rights‑based approach to childhood care and education would ensure that it meets the requirements of the right to education, including the “4 As” of availability, accessibility, acceptability and adaptability, she said. Adding that education must not discriminate, she said that the “care” element must be included from a rights‑based perspective. This includes adequate food and nutrition, housing, water and sanitation within a clean and safe environment. Considering the benefits of early childhood care and education, she said States, donors and funding organizations must ensure that a level playing field is established for the youngest of learners worldwide without discrimination. She called on countries to integrate and implement national lifelong learning frameworks into their education systems, while encouraging all relevant actors to engage in consultations to identify and codify a rights‑based approach, ensuring that every child participates in it.
In the ensuing interactive dialogue, the representative of the European Union, in its capacity as observer and speaking on behalf of several other countries, stressed that no one should be left behind in the digital revolution, particularly women, children and those in conflict and post-conflict zones. This revolution must guarantee the right to privacy and protect children, she said. Her group of countries is committed to closing the digital divide and facilitating access to inclusive, equitable education, she said. She asked how best to promote digital learning that contributes to high-quality education and equity.
The representative of Cuba said his country has had free, universal education for over 30 years, but added that it has suffered from blockades imposed on the country for over 60 years, which have a direct impact on the rights of children. He asked about how unilateral coercive measures impact early childhood education.
In a similar vein, Iran’s representative said the country’s education framework responded dynamically to the pandemic by providing education on television, asking how unilateral coercive measures affect the goal of education for all.
The representative of the United States expressed deep concern about the situation in Afghanistan, where the Taliban Government has closed girls’ secondary schools. He also expressed alarm about the impact on children of the Russian Federation’s war against Ukraine, as over 270 schools have been destroyed. He called on the Russian federation to cease activities that expose young people to violence, especially girls who are at higher risk of trafficking and sexual violence. He asked about tools that could support the mental well-being of students as they return to in-person learning.
The representative of the Russian Federation said it was cynical of the United States to express concern about Afghanistan. If the United States returns Afghanistan’s financial resources that are tied up in foreign banks, some of this money could be used to improve the country, he said. He called on Ms. Shaheed to focus on the refusal of the Ukrainian Government to allow the Russian language and culture to be taught to native Russian speakers, stating that the Government is determined to erase the ethnic and cultural identity of these children. Further, he said that in 2015 there were 1,275 Russian children in Ukrainian schools, asking how many there are now. The representative of Peru said that children in indigenous communities in his country receive intercultural, bilingual education in line with their own cultures. This promotes intercultural citizenship, he said, asking how the international community can achieve full access to education for children belonging to indigenous communities.
The representative of Nigeria highlighted the gap in access to education, which was enlarged by the COVID‑19 pandemic, asking what measures can be taken to foster partnership in addressing global gaps in quality education for all.
Echoing her colleague, the representative of China highlighted the disproportionate effect of the pandemic on the developing world, adding that recovery must provide education infrastructure and leave no child behind or offline.
Responding, Ms. SHAHEED said that early childhood care and education face financial, policy, and training challenges, emphasizing that teaching and caring for children are two separate jobs. She specified that early childhood care and education denote access to food, clean water and sanitation, and must also consider the needs of migrant, refugee and indigenous children as well as children with disabilities. On a possible legal framework, she said that elements of early childhood care are clearly protected under international human rights law under the Convention on the Rights of the Child. Stressing the importance of prolonged international dialogue to establish a path forward, she underlined that early childhood education and care must be free and accessible to all to prevent existing inequalities from increasing. She added that private sector provisions must comply with human rights frameworks.
Responding to questions and comments regarding digitization, Ms. SHAHEED criticized the attitude that digital tools are the solution to education, as they have also increased inequality, adding that the gender gap has not changed since 2011. To the United States’ question, she said she found it surprising how many students are having difficulty engaging socially after the pandemic. “We need teachers,” she said, lamenting the lack of focus on students’ lifelong learning and working conditions, emphasizing that schools must be financed from day one.
Also speaking in the interactive dialogue were representatives of Greece, Malaysia, the Czech Republic, Luxembourg, Eritrea, Cameroon, Qatar, United Kingdom, Malta, Saudi Arabia, Portugal, Algeria, El Salvador, and the United Nations Educational, Scientific and Cultural Organization (UNESCO).